Eastern District of California • 1:26-cv-03171

(HC) Montoya Diaz v. Warden, California City Correctional Center

Active

Case Information

Filed: April 27, 2026
Assigned to: Daniel J. Calabretta
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 29, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 27, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Oved Miguel Montoya Diaz. [$5 Filing fee received. Receipt to be docketed 4/28/2026]. (Deputy Clerk VLK) (Entered: 04/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Oved Miguel Montoya Diaz. (Deputy Clerk VLK) (Entered: 04/27/2026)
Main Document: Temporary Restraining Order
#3
Apr 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/1/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 04/27/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Apr 27, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/27/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 04/27/2026)
#5
Apr 27, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/27/2026)
Main Document: CONSENT/DECLINE
Apr 27, 2026
Service by Mail
Apr 27, 2026
SERVICE BY MAIL: 4 Minute Order served on Oved Miguel Montoya Diaz. (Deputy Clerk GJM)
Apr 27, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Oved Miguel Montoya Diaz. (Deputy Clerk VLK)
Apr 27, 2026
Minute Order
Apr 28, 2026
RECEIPT number 200018635 for $5.00 for filing fee from Oved Miguel Montoya Diaz. (Deputy Clerk VLK)
#6
Apr 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 29, 2026
Service by Mail
#9
May 22, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 5/22/2026 RECOMMENDING Petitioner's 1 application for a writ of habeas corpus be granted on claim one; Respondent be ordered to immediately release Petitioner Oved Miguel Montoya Diaz (A#206-004-490) under conditions of supervision dictated by applicable statutes and regulations; The Clerk of Court be directed to serve the California City Detention Facility with a copy of any final order granting release; Re spondent shall not re-detain petitioner unless and until they comply with all procedures set forth in 8 C.F.R. § 241.13(i) and any other applicable statutes and regulations; Petitioner's 2 motion for a temporary restraining order be de nied as moot in light of the recommendation to grant the § 2241 petition; and judgment be entered in Petitioner's favor and this case be closed. Referred to Judge Daniel J. Calabretta. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations
May 22, 2026
Service by Mail
#10
May 28, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
May 29, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 5/29/20261 ADOPTING the 9 findings and recommendations in full; GRANTING Petitioner's 1 application for a writ of habeas corpus on claim one; ORDERING Respondent to IMMEDIATEL Y RELEASE Petitioner Oved Miguel Montoya Diaz (A#206-004-490) under conditions of supervision dictated by applicable statutes and regulations; At the time of release, Respondents must return all of Petitioner's documents and possessions; DENYI NG Petitioner's 2 motion for a temporary restraining order as moot; and DIRECTING Respondent to file a notice certifying compliance with the above provisions within three days from the date of this order. (cc ICE California City) CASE CLOSED (Deputy Clerk RRB)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for TRO
#12
May 29, 2026
Judgment
Main Document: Judgment
May 29, 2026
Service by Mail

Parties

(HC) Montoya Diaz
Party
Warden, California City Correctional Center
Party